AB40: Bill Text

AB40,1285,15 (e) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect and are transferred to the department of safety and professional services. The department of safety and professional services shall carry out any obligations under such a contract until the contract is modified or rescinded by the department of safety and professional services to the extent allowed under the contract.

AB40,1286,2 (f) Rules and orders. All rules promulgated by the department of commerce that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of commerce that are in effect on the effective date of this paragraph and that are primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB40,1286,10 (g) Pending matters. Any matter pending with the department of commerce on the effective date of this paragraph that is primarily related to the functions of the division of safety and buildings and the division of environmental and regulatory services, as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of commerce with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40,1286,12 (4) Transfer of certain administrative positions from the department of commerce.

AB40,1286,16 (a) The positions, and the incumbent employees holding those positions, in the division of administrative services in the department of commerce that the secretary of administration determines shall be transferred to the department of safety and professional services, are transferred on the effective date of this paragraph.

AB40,1286,22 (b) Employees transferred under paragraph (a) have all the rights and the same status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of safety and professional services that they enjoyed in the department of commerce immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40,1286,24 (5) Reallocation of funding within the department of safety and professional services.

AB40,1286,25 (a) In this subsection:

AB40,1287,2 1. "Schedule" means the schedule under section 20.005 of the statutes, as affected by this act.

AB40,1287,3 2. "Secretary" means the secretary of administration.

AB40,1287,16 (b) Before July 1, 2013, the secretary may transfer moneys from any appropriation under section 20.165 of the statutes, as affected by this act, to any other appropriation under section 20.165 of the statutes, as affected by this act, and may increase or decrease the amounts shown in the schedule for any appropriation under section 20.165 of the statutes, as affected by this act, if necessary to reallocate funding in accordance with the transfer of functions or personnel from the department of commerce to the department of safety and professional services, except that the secretary may not adjust the amounts shown in the schedule in a manner so that the total amounts appropriated under the adjusted appropriations exceed the total amounts shown in the schedule for those appropriations on the effective date of this act. The secretary shall submit a report to the joint committee on finance before July 1, 2013, that identifies the actions taken by the secretary under this subsection.

AB40,1287,17 (6) Economic development transfer.

AB40,1287,22 (a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the department of commerce primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, shall become the assets and liabilities of the Wisconsin Economic Development Corporation.

AB40,1288,6 (b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., except the tangible personal property, including records, transferred to the department of agriculture, trade and consumer protection under subsection (7 ) (a) and except the tangible personal property, including records, transferred to the department of administration under subsection (8) (b), as determined by the secretary of administration, is transferred to the Wisconsin Economic Development Corporation.

AB40,1288,14 (c) Contracts. All contracts entered into by the department of commerce in effect on the effective date of this paragraph that are primarily related to the functions of the department under subchapters I, II, III, IV, V, VI, VIII, and IX of chapter 560, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the Wisconsin Economic Development Corporation. The Wisconsin Economic Development Corporation shall carry out any obligations under such a contract until the contract is modified or rescinded by the Wisconsin Economic Development Corporation to the extent allowed under the contract.

AB40,1288,15 (7) Dairy manufacturing facility investment credit; transfer.

AB40,1288,20 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department of commerce with respect to section 560.207, 2009 stats., as determined by the secretary of administration, is transferred to the department of agriculture, trade and consumer protection.

AB40,1288,24 (b) Rules. All rules promulgated by the department of commerce under section 560.207 (4), 2009 stats., that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of agriculture, trade and consumer protection.

AB40,1288,25 (8) Rural hospital loan guarantee; transfer.

AB40,1289,5 (a) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of commerce that is primarily related to the functions of the department of commerce with respect to section 231.35, 2009 stats., as determined by the secretary of administration, is transferred to the department of administration.

AB40,1289,9 (b) Rules. All rules promulgated by the department of commerce under section 231.35 (7), 2009 stats., that are in effect on the effective date of this paragraph remain in effect until their specified expiration date or until amended or repealed by the department of administration.

AB40, s. 9111 Section 9111. Nonstatutory provisions; Corrections.

AB40, s. 9112 Section 9112. Nonstatutory provisions; Court of Appeals.

AB40, s. 9113 Section 9113. Nonstatutory provisions; District Attorneys.

AB40,1289,15 (1) Assistant district attorney salaries. The offices of the district attorneys shall work with the office of state employment relations to allocate the moneys appropriated under section 20.475 (1) (kg) of the statutes, as created by this act.

AB40, s. 9114 Section 9114. Nonstatutory provisions; Educational Communications Board.

AB40, s. 9115 Section 9115. Nonstatutory provisions; Employee Trust Funds.

AB40, s. 9116 Section 9116. Nonstatutory provisions; Employment Relations Commission.

AB40, s. 9117 Section 9117. Nonstatutory provisions; Financial Institutions.

AB40, s. 9118 Section 9118. Nonstatutory provisions; Government Accountability Board.

AB40, s. 9119 Section 9119. Nonstatutory provisions; Governor.

AB40, s. 9120 Section 9120. Nonstatutory provisions; Health and Educational Facilities Authority.

AB40, s. 9121 Section 9121. Nonstatutory provisions; Health Services.

AB40,1290,10 (1) Family Care enrollment. Notwithstanding section 46.286 (3) (a) of the statutes, in a county where the family care benefit, as described in section 46.286 of the statutes, is available on June 20, 2011, or the effective date of this subsection, whichever is later, the department of health services may not enroll more persons in care management organizations, as defined in section 46.2805 (1) of the statutes, to receive the family care benefit than the number of persons receiving the family care benefit in that county on June 20, 2011, or the effective date of this subsection, whichever is later. This subsection does not apply after June 30, 2013.

AB40,1290,11 (2) Family Care Partnership enrollment.

AB40,1290,14 (a) Definition. In this subsection, "family care partnership program" means an integrated health and long-term care program operated under an amendment to the state medical assistance plan, as authorized in 42 USC 1396n (i).

AB40,1290,20 (b) Enrollment. In a county where the family care partnership program is available on June 20, 2011, or the effective date of this paragraph, whichever is later, the department of health services may not enroll more persons in the family care partnership program than the number of persons participating in the family care partnership program in that county on June 20, 2011, or the effective date of this paragraph, whichever is later. This paragraph does not apply after June 30, 2013.

AB40,1291,3 (3) Program for all-inclusive care for the elderly enrollment. In a county that administers the program for all-inclusive care for the elderly under 42 USC 1396u-4 on June 20, 2011, or the effective date of this subsection, whichever is later, the department of health services may not enroll more persons in the program for all-inclusive care for the elderly than the number of persons enrolled in that county on June 20, 2011, or the effective date of this subsection, whichever is later. This subsection does not apply after June 30, 2013.

AB40,1291,5 (4) Self-directed services option to receive long-term care services enrollment.

AB40,1291,9 (a) Definition. In this subsection, the "self-directed services option" means the program operated under a waiver from the secretary of the federal department of health and human services under 42 USC 1396n (c) that allows participants to self-manage publicly funded long-term care services.

AB40,1291,15 (b) Enrollment. In a county where the self-directed services option is available on June 20, 2011, or the effective date of this paragraph, whichever is later, the department of health services may not enroll more persons in the self-directed services option than the number of persons participating in the self-directed services option in that county on June 20, 2011, or the effective date of this paragraph, whichever is later. This paragraph does not apply after June 30, 2013.

AB40,1291,22 (5) Expansion of Family Care. Beginning on July 1, 2011, and ending on June 30, 2013, the department of health services may not propose to contract with entities to administer the family care benefit, as described in section 46.286 of the statutes, in a county in which the family care benefit is not available on July 1, 2011, unless the department of health services determines that administering the family care benefit in such a county would be more cost-effective than the county's current mechanism for delivering long-term care services.

AB40,1291,24 (6) Transfer of income maintenance administration to income maintenance administration unit.

AB40,1291,25 (a) Definitions. In this subsection:

AB40,1292,2 1. "County" means a county administering income maintenance programs, as defined in section 49.78 (1) (b) of the statutes on the effective date of this subdivision.

AB40,1292,3 2. "Department" means the department of health services.

AB40,1292,5 3. "Income maintenance programs" has the meaning given in section 49.78 (1) (b) of the statutes.

AB40,1292,7 4. "Unit" has the meaning given in section 49.78 (1) (f) of the statutes, as created by this act.

AB40,1292,13 (b) Transition Plan. On the effective date of this paragraph, the department shall begin to transition the administration of the income maintenance programs from counties to the unit. The department shall develop a transition plan that includes a deadline by which each county must transfer to the department all records in the possession of the county that are related to the administration of income maintenance programs.

AB40,1293,2 (c) Delegation of administrative functions to counties. Notwithstanding section 49.78 of the statutes, as affected by this act, before May 1, 2012, the department may delegate some or all of the administrative functions related to income maintenance programs to counties, on a county by county basis. If the department delegates administrative functions related to income maintenance programs to a county, the county shall continue to perform the delegated administrative functions until the department notifies the county that the unit is prepared to assume responsibility for the administrative functions. The department and a county to which the department delegates administrative functions related to income maintenance programs shall enter into a contract relating to the county's administrative functions and reimbursement for the reasonable costs of performing those administrative functions. Reimbursements to counties that continue to administer income maintenance programs shall be considered costs incurred by the unit to administer income maintenance programs.

AB40,1293,3 (7) Elimination of Milwaukee County enrollment services unit.

AB40,1293,9 (a) Date of transfer to unit. The department of health services shall determine when the income maintenance administration unit established under section 49.78 (1m) of the statutes, as created by this act, is prepared to take over income maintenance administration responsibilities in Milwaukee County and shall notify the legislative reference bureau of that date. The legislative reference bureau shall publish a notice in the Wisconsin Administrative Register that specifies that date.

AB40,1293,16 (b) Unreimbursed expenditure. In the calendar year in which the income maintenance program administration unit takes over income maintenance program administration responsibilities in Milwaukee County, Milwaukee County's unreimbursed required minimum expenditure under section 49.825 (2) (d) 2. of the statutes shall be prorated on the basis of the length of time the Milwaukee County enrollment services unit administers the programs under section 49.825 (2) (a) 1. of the statutes.

AB40,1293,17 (8) Food stamp program transfer to department of children and families.

AB40,1294,7 (a) Employee transfers. The classified positions, and incumbent employees holding positions, in the department of health services relating primarily to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, are transferred to the department of children and families. Upon determination of these employees, the secretary of administration may transfer moneys between the general purpose revenue appropriations for the department of health services and the department of children and families, between the program revenue appropriations for the department of health services and the department of children and families, between the program revenue-service appropriations for the department of health services and the department of children and families, between the appropriations of given segregated funds for the department of health services and the department of children and families, and between the federal revenue appropriations for the department of health services and the department of children and families, if necessary to adjust previously allocated costs in accordance with the transfer of personnel and administrative functions.

AB40,1294,13 (b) Employee status. Employees transferred under paragraph (a ) shall have the same rights and status under subchapter V of chapter 111 and chapter 230 of the statutes in the department of children and families that they enjoyed in the department of health services immediately before the transfer. Notwithstanding section 230.28 (4) of the statutes, no employee so transferred who has attained permanent status in class is required to serve a probationary period.

AB40,1294,18 (c) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the department of health services that is primarily related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, shall be transferred to the department of children and families.

AB40,1294,25 (d) Contracts. All contracts entered into by the department of health services in effect on the effective date of this paragraph that are primarily related to the related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, remain in effect and are transferred to the department of children and families. The department of children and families shall carry out any such contractual obligations unless modified or rescinded by the department of children and families to the extent allowed under the contract.

AB40,1295,7 (e) Pending matters. Any matter pending with the department of health services on the effective date of this paragraph that is primarily related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, is transferred to the department of children and families and all materials submitted to or actions taken by the department of health services with respect to the pending matter are considered as having been submitted to or taken by the department of children and families.

AB40,1295,17 (f) Rules and orders. All rules promulgated by the department of health services that are primarily related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the department of children and families. All orders issued by the department of health services that are primarily related to the food stamp program under section 49.79, 2009 stats., as determined by the secretary of administration, and that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the department of children and families.

AB40,1296,4 (9) Congenital disorder testing fees; rules. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under section 253.13 (2) of the statutes, as affected by this act, for the period before the effective date of the permanent rules promulgated under section 253.13 (2) of the statutes, as affected by this act, but not to exceed the period authorized under section 227.24 (1) (c) of the statutes, subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40,1296,16 (10) Patient health care records fees; rules. Using the procedure under section 227.24 of the statutes, the department of health services shall promulgate rules required under sections 146.83 (3f) and 908.03 (6m) (e) of the statutes, as created by this act, for the period before the effective date of the permanent rules promulgated under sections 146.83 (3f) and 908.03 (6m) (e) of the statutes, as created by this act, but not to exceed the period authorized under section 227.24 (1) (c), subject to extension under section 227.24 (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department of health services is not required to provide evidence that promulgating a rule under this subsection as an emergency rule is necessary for the preservation of public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this subsection.

AB40,1296,21 (11) Prescription drug assistance for elderly eligibility. Notwithstanding section 49.688 (2) of the statutes, as affected by this act, a person who is participating in the program under section 49.688 of the statutes on the effective date of this subsection is not required to comply with section 49.688 (2) (a) 6. of the statutes, as created by this act, before January 1, 2012.

AB40, s. 9122 Section 9122. Nonstatutory provisions; Higher Educational Aids Board.

AB40, s. 9123 Section 9123. Nonstatutory provisions; Historical Society.

AB40, s. 9124 Section 9124. Nonstatutory provisions; Housing and Economic Development Authority.

AB40, s. 9125 Section 9125. Nonstatutory provisions; Insurance.

AB40, s. 9126 Section 9126. Nonstatutory provisions; Investment Board.

AB40, s. 9127 Section 9127. Nonstatutory provisions; Joint Committee on Finance.

AB40, s. 9128 Section 9128. Nonstatutory provisions; Judicial Commission.

AB40, s. 9129 Section 9129. Nonstatutory provisions; Justice.

AB40, s. 9130 Section 9130. Nonstatutory provisions; Legislature.

AB40, s. 9131 Section 9131. Nonstatutory provisions; Lieutenant Governor.

AB40, s. 9132 Section 9132. Nonstatutory provisions; Local Government.

AB40, s. 9133 Section 9133. Nonstatutory provisions; Medical College of Wisconsin.

AB40, s. 9134 Section 9134. Nonstatutory provisions; Military Affairs.

AB40, s. 9135 Section 9135. Nonstatutory provisions; Natural Resources.

AB40,1297,13 (1) Nonpoint source water pollution rules.

AB40,1297,19 (a) The department of natural resources shall promulgate rules under section 281.16 (2) of the statutes that repeal and recreate chapter NR 151, Wisconsin Administrative Code, in effect on the effective date of this subsection. The repealed and recreated rules shall take effect 90 days after the effective date of this paragraph and shall be no more stringent than the requirements under the federal Water Pollution Control Act, 33 USC 1251 to 1387, and regulations adopted under that act.

AB40,1297,20 (b) 1. In this paragraph:

AB40,1297,23 a. "Covered municipality" means a municipality for which the department of natural resources granted coverage under a general permit issued under section 283.35 of the statutes.

AB40,1297,24 b. "Municipality" has the meaning given in section 281.01 (6) of the statutes.

AB40,1298,3 c. "Storm water management program" means a program that requires a covered municipality to achieve a minimum reduction in total suspended solids for runoff from existing development that enters the waters of this state.

AB40,1298,10 2. To the extent allowed under federal law, if the rules promulgated under paragraph (a) establish a deadline by fixing a date by which a covered municipality must develop and implement a storm water management program, the rules shall also provide that the deadline for developing and implementing a storm water management program does not apply to a covered municipality that determines that compliance with the deadline would have a significant adverse economic impact on that municipality.

AB40,1298,11 (2) Commercial construction site erosion control.

AB40,1298,13 (a) In this subsection, "commercial building site" means a building site for construction of public buildings and buildings that are places of employment.

AB40,1298,23 (b) All rules promulgated by the department of natural resources under section 281.33 (3m), 2009 stats., related to erosion control for commercial building sites that are in effect on the effective date of this paragraph, as determined by the secretary of administration, remain in effect until their specified expiration dates or until amended or repealed by the department of safety and professional services. All orders issued by the department of natural resources that are in effect on the effective date of this paragraph and that are primarily related to erosion control for commercial building sites, as determined by the secretary of administration, remain in effect until their specified expiration dates or until modified or rescinded by the department of safety and professional services.

AB40,1299,6 (c) Any matter pending with the department of natural resources on the effective date of this paragraph that is primarily related to its commercial building site erosion control responsibilities under section 281.33 (3m), 2009 stats., as determined by the secretary of administration, is transferred to the department of safety and professional services and all materials submitted to or actions taken by the department of natural resources with respect to the pending matters are considered as having been submitted to or taken by the department of safety and professional services.

AB40,1299,10 (d) Any delegation of the authority to act under section 281.33 (3m), 2009 stats., made by the department of natural resources to a county, city, village, or town that is in effect on the effective date of this paragraph remains in effect until revoked by the department of safety and professional services.